SURYA KANT, N. KOTISWAR SINGH
Abbas Ansari – Appellant
Versus
State of Uttar Pradesh – Respondent
ORDER
1. The instant application has been moved in furtherance of the order dated 21.10.2014 passed by this Court, in terms whereof SLP(C) Diary No.47206/2024 was disposed of after taking notice of the fact that the Writ Petition (C) No.661/2021 filed by the petitioner along with his brother (proforma respondent) was pending before the High Court and was ordered to be listed before a Division Bench along with other similar matters.
2. It was in this backdrop that we requested the Division Bench of the High Court to take up the application for interim stay moved by the petitioner and decide the same at the earliest and in any case on 04.11.2024 when the matter was listed.
3. The instant application has been moved, inter alia, alleging that after the order passed by this Court, the writ petition has been listed on several occasions, but no effective hearing has taken place. Consequently, no interim protection has been granted to the petitioner, though all other similarly situated writ petitioners have been protected against dispossession/demolition/fresh construction at the disputed site.
4. Since we have not issued notice and have also not obtained report from the Registry of the High C
The court emphasized the necessity of maintaining status quo at a disputed site to prevent irreversible loss until the High Court hears the matter.
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Courts cannot modify final orders unless correcting clerical errors; otherwise, such applications are seen as an abuse of the legal process.
The court emphasized the necessity of enforcing interim orders and provided guidance on using police assistance for compliance in cases of ongoing violations.
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